Cranberry
09-08-2006, 12:36 PM
Maybe some one could help with these questions; my ex husband is on parole for beating me up and other things that he did, which I do want to say on this forum. He has a no contact order with me and the kids, and now has requested a telephone hearing to contest CS. My point is that I suffer from ptsd from this man, and do want to ever see him or have to hear his voice over the phone, and have to answer questions from him. He is very itimidating.
Do I have to show up to the hearing via telephone, or will the judge look at everything I have sent dcs (affidavit, documents, under oath) in my absence?
Will he win a lower set amount because I do not show?, and what is a child support hearing like, telephone or otherwise?. Am I freaking out for nothing?
Sorry for the double post, my computer was messing up.
Maybe some one could help with these questions; my ex husband is on parole for beating me up and other things that he did, which I do want to say on this forum. He has a no contact order with me and the kids, and now has requested a telephone hearing to contest CS. My point is that I suffer from ptsd from this man, and do want to ever see him or have to hear his voice over the phone, and have to answer questions from him. He is very itimidating.
Do I have to show up to the hearing via telephone, or will the judge look at everything I have sent dcs (affidavit, documents, under oath) in my absence?
Will he win a lower set amount because I do not show?, and what is a child support hearing like, telephone or otherwise?. Am I freaking out for nothing?
Sorry for the double post, my computer was messing up.
Is the state CS enforcement agency involved in your case?
If they are you do not HAVE to attend the hearing (unless you are subpoenaed).
If CSE isn't involved then you'll have to attend the hearing, if you don't the Judge won't be able to read or consider anything you send the court as evidence.
CS is usually just a math equation since it's based on income, so whether you are there are not the CS will be set according to the state guidelines.
Cranberry
09-08-2006, 03:18 PM
Thanks Xena for your reply. Yes, it is being handled by the DA's office(CSE).
Also he owes court ordered restitution for his crime, will the courts have to take that into consideration when rebutting guideline or tell him tough luck?.
Thanks again
Thanks Xena for your reply. Yes, it is being handled by the DA's office(CSE).
Also he owes court ordered restitution for his crime, will the courts have to take that into consideration when rebutting guideline or tell him tough luck?.
Thanks again
The restitution should be considered as a voluntary expense, and should not be used to deviate from the guidelines. If you aren't going to attend the hearing you'll need to notify CSE about the restitution problem, just so they won't be caught off guard.